A friend of mines was blamed for a crime when he was 13 and the case got dismissed and he was found not guilty. Now he is 17 and they are trying to bring the same case that was already dismissed- a case where he was ALREADY FOUND NOT GUILTY- back. Can they do that. Isn't that aganist the fifth amendment not to be tried twice 4 the same crime?? PLZ HELP!!!
2007-10-07 09:23:45 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
A friend of mines was blamed for a crime when he was 13 and he was found not guilty. Now he is 17 and they are trying to bring the same case that where he was ALREADY FOUND NOT GUILTY- back. There was no new evidence found. they are only blaming him because the person whol actually did the crime fled and has not been found over these four years. My friend and the person who actuelly did the crime WERE friends. but can they do that. Isn't that aganist the fifth amendment not to be tried twice 4 the same crime?? PLZ HELP!!!
2007-10-07 09:54:23 · update #1
Getting the case dismissed and being found not guilty are two different things.
If the case was dismissed, then new charges can be brought later in some cases. In a not guilty verdict, the state can appeal, but no new charges can be brought for the same act.
2007-10-07 09:28:13 · answer #1 · answered by Citicop 7 · 7⤊ 0⤋
I gotta wonder, why izzit that so many friends are in trouble and those who would 'help' them come to Y-A for legal advice that won't do any good, anyway?
A case dismissal is NOT the same thing as acquittal. An acquittal requires a trial and you said that the charge was dismissed. When more evidence is found, a charge can be reinstated.
It must have been a mighty serious offense that they're still pursuing it four years later. Look on the bright side, it doesn't matter that he's now 17, he was 13 when the crime was committed and a sentence for guilt must reflect that. Which means, at 17, the worst he's probably looking at is 1 year incarceration in juvie.
2007-10-07 09:32:16 · answer #2 · answered by Marc X 6 · 0⤊ 0⤋
Yes, you can. Ask Stacey Koon, or any of the other Rodney King cops.
Other than that, for the same state level charges, not if it went to trial. If it was dismissed (not the same as being found not guilty), then it's not double jeopardy, and they can come back until they actually try the case. At that point, if not guilty, that's it. Depending on the state, may or may not be able to be tried as an adult for something that happened while a youth.
If it was a not guilty verdict, then they are bringing other charges, not exactly the same.
The 5th Amendment is the right againt self-incrimination, testifying against yourself ("I take the 5th", all that).
Get a criminal defense attorney asap.
2007-10-07 20:21:11 · answer #3 · answered by heart_and_troll 5 · 0⤊ 0⤋
Yes, you can be tried twice for the same crime. But, if you have gone to trial and a decision has been handed down by the Court, you cannot be tried again after that for the same crime. That is called double jeopardy, and it is not allowed under our constitution. Having a case dismissed is not the same thing as having a decision. Your friend could not have been found not guilty unless he was tried in a court of law. The fifth amendment has to do with not having to testify against yourself.
2007-10-07 09:33:04 · answer #4 · answered by Anonymous · 1⤊ 0⤋
If there is a hung jury or new evidence is found Yes especially if someone is victimized or killed.
The fifth amandedment is protecttion against self incrimination
Example id they found a video or a witness that incriminates your friend they may re-open,but I'm no Lawyer, perhaps there are other charges attached to the incident that are being pursued
2007-10-07 09:32:16 · answer #5 · answered by frank 5 · 0⤊ 0⤋
Wait a minute.
Was the case dismissed or was he found not guilty?
It can't be both.
If he was found not guilty that means it went to trial.
Sounds more like the judge gave the case back to the DA to come up with more evidence, and now they are going forward with it.
2007-10-07 09:27:45 · answer #6 · answered by Anonymous · 5⤊ 0⤋
Here's the deal: no, you cannot have double jeopardy. But, if he was originally tried in a criminal court; he COULD now be tried in a civil court. If he's actually innocent, he shouldn't have much to worry about...but, might want to get a decent attorney. Pray for him and ask your friends to do the same.
2007-10-07 09:30:59 · answer #7 · answered by AgsFan 5 · 0⤊ 2⤋
yes, but only if there is new evidence to support the case or they feel the case was mishandled. Also, every case can be sent to "appeals" court.
2007-10-07 09:27:11 · answer #8 · answered by emm 4 · 1⤊ 2⤋
when you didn't do ANY crimes
and they keep trying and trying to find a crime
THAT'S when they won't let it go
they will try you once an hour forever, based only on gossip, and on their own guity conscinces
2007-10-07 09:27:27 · answer #9 · answered by Anonymous · 1⤊ 3⤋
no, that's double jeopardy and is illegal.
2007-10-07 09:27:23 · answer #10 · answered by We Hope That You Choke 5 · 1⤊ 5⤋